Tiếng Việt
Table of Contents
1. The law stipulates the crime of violation of corpses, graves, and remains under the Penal Code
2. Compensation for damages caused by violation of corpses, graves, and remains
2.1 Compensation for damages caused by violation of corpses
2.2 Compensation for damages caused by violation of graves
1. The law stipulates the crime of violation of corpses, graves, and remains under the Penal Code
Pursuant to Article 319 of the 2015 Penal Code, amended and supplemented in 2017:
“Article 319. Infringement upon human bodies, graves, or remains
1. Any person who commits grave robbery or otherwise infringes upon a dead body, grave, or human remains shall face a penalty of up to 02 years’ community sentence or 03 – 02 years’ imprisonment.
2. This offence committed in any of the following cases shall carry a penalty of 02 – 07 years’ imprisonment:
a) The offence has a negative impact on social security, order, or safety;
b) The offence involves appropriation or destruction of historically or culturally valuable items;
c) The offender is committed by despicable motives;
d) The offence is for the purpose of taking part of the body or remains.”
2. Compensation for damage caused by violation of corpses, graves and remains
2.1 Compensation for damage caused by violation of corpses
Pursuant to Article 606 of the 2015 Civil Code, individuals and legal entities violating corpses must compensate for damage:
“Article 606. Compensation for loss and damage caused by infringement of corpses
1. An individual or legal entity causing damage to a corpse must compensate.
2. Damage caused by infringement of a corpse shall include reasonable costs for mitigating and remedying the damage.
3. A person responsible to pay compensation when a corpse is damaged must pay compensation as provided in clause 2 of this article together with another amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum payable for a damaged corpse shall not exceed thirty (30) times the basic wage rate provided by the State.”
2.2 Compensation for damage caused by violation of graves
Pursuant to Article 607 of the 2015 Civil Code, individuals and legal entities that violate graves must compensate for damage:
“Article 607. Compensation for damage caused by infringement of graves
1. An individual or legal entity causing damage to the grave of another must compensate.
2. Damage caused by infringement of a grave shall include reasonable costs for mitigating and remedying the damage.
3. A person responsible to pay compensation when the grave of another person is damaged must pay compensation as provided in clause 2 of this article together with another amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum payable for a damaged grave shall not exceed ten (10) times the basic wage rate provided by the State.”
According to the above provisions, individuals and legal entities that violate corpses must compensate for the damage. The person responsible for compensation in the event that another person’s grave is violated must compensate according to the above provisions and another amount of money to compensate for mental damage to the relatives in the order of inheritance of the deceased; If there are no such people, the person who directly raised the deceased will receive this amount. The compensation for mental damage is agreed upon by the parties; if no agreement is reached, the maximum amount for each violated grave shall not exceed ten times the basic salary prescribed by the State.
Currently, according to Decree 24/2023/ND-CP stipulating the basic salary for cadres, civil servants, public employees and armed forces, the basic salary is 1,800,000 VND/month. Thus, the maximum compensation for mental damage is 18,000,000 VND.